Title: Letter to Bruce A. Samson from Walter J. Kautz, President, Florida Farm Bureau Federation re: State Water Policy and property rights, and supports the
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Title: Letter to Bruce A. Samson from Walter J. Kautz, President, Florida Farm Bureau Federation re: State Water Policy and property rights, and supports the
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052977
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Source Institution: Levin College of Law, University of Florida
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FLORIDA FARM BUREAU FEDERATION ERI
POST OFFICE BOX 730 -TELEPHONE 378-1321- GAINESVILLE. FLORIDA 32602 BUREAU


July 20, 1981
granagd




The Honorable Bruce A. Samson t
Governing Board Chairman
Southwest Florida Water Management District \
2709 First Florida Tower
Tampa, Florida 33602


RE: STATE WATER POLICY

Dear Mr. Samson:

As you are aware, the Secretary of the Department
of Environmental Regulation is in the rulemaking process
for the State Water Policy, Chapter 17-40, F.A.C.

The major issue yet to be resolved is that of "property
rights."

Farm Bureau firmly supports the basic American tenet
that certain rights dwell with property and property
ownership.

Farm Bureau supports the proposal now before the
Secretary which reads:

"17-40.04(5) In implementing consumptive use
permitting programs, the department and districts
shall recognize the rights of property owners, as
limited by law, to withdraw and make consumptive uses
of groundwater from their land for reasonable-beneficial
uses."

We are open to changes in this language which would
accomplish the same end.

Farm Bureau requests your review of this proposal
and your support of inclusion of this language in the State
Water Policy.

There are several points I would like to make in
support of this position.



861 L.


j5











The Honorable Bruce A. Samson
Page 2
July 20, 1981




Farm Bureau does not desire to override, set aside,
circumvent or restrict the existing statutory authority,
administrative rules or existing consumptive use permits
relating to water. We recognize the existing reasonable-
beneficial use doctrine of water as established by law.

Farm Bureau does not support the concept of water
"banking." We believe water resources should be developed
and used on a first come first serve basis as determined
by need, resource availability and the public interest.

We are interested in a recognition of inherent right
of land to be used by the owner, including the right to
use water under that land. We believe there to be a public
interest in the development and utilization of our land
resources.

Farm Bureau recognizes the rights of non-agricultural
uses to water, and seeks a similar recognition of the
rights of existing agricultural users. We are, however,
concerned about the recognition and protection from future
urban well field withdrawals that will cause harm to
existing agricultural users.

In the event there are two concurrent permit applications,
we believe the landowner should have special recognition
in the decision. The land has contributed to the development
of the water resource and should be recognized in the
allocation of the resource.

Farm Bureau appreciates your consideration of this
position and requests your support.
Sincerely,

Walteir JKat'- z

Walter J. Kautz
President


WJK:bk

cc: Victoria Tschinkel, Secretary of Department of Environmental
Regulations


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